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ROCHE SUR. v. DEPARTMENT OF FIN. SERV.

No. 2D04-1797.

895 So.2d 1139 (2005)

ROCHE SURETY AND CASUALTY COMPANY, INC., Appellant, v. DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 17, 2005.

Attorney(s) appearing for the Case

Douglas S. Gregory and Mary Elizabeth Lanier of Preston & Cowan, LLP, Tampa, for Appellant.

Clifford A. Taylor and Matthew A. Nowels, Tallahassee, for Appellee.

STRINGER, Judge.

Roche Surety and Casualty Company, Inc., challenges the Department of Financial Services' order concluding that Roche knowingly and willfully failed to pay build-up funds due a bail bond agent upon discharge of liabilities in violation of section 648.29(3), Florida Statutes (2003). We reverse.

Roche and Willie David entered an agency agreement under which Roche held build-up funds to secure open...

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